Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 18 -- Setting aside ex parte decree - Summons - Non-compliance with the provision of O.5.R.18 - Where official stamp of appellant-company is there on summons, service upon Manager of appellant-company is not required to be witnessed by any of the employees working there - No defect in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Can be set aside if summons were not duly served or if a party is prevented by sufficient cause from appearing in response to the summons...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Ex-parte judgment - Though ex-parte judgment need not be more elaborate, yet there should be a brief record of facts and discussion on evidence adduced with reference to acts of cruelty and as to how Court has come to conclusion that S.13(1)(ia) of 1955, Act is attracted...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Summons pasted on door - There is lapse of not recording evidence of process server - However, in case appellant was keen to show that summons was not accompanied with copy of plaint, then nothing could have stopped appellant from moving application before trial Court to seek direction to cross..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Section 96 -- Judgment and decree passed U.O.8.R.10 CPC - Not an ex parte decree - Application U.O.9.R.13 CPC is not maintainable - Decree can be challenged only by filing appeal u/s 96 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - Mere pendency of application to set aside ex parte order at pre registration stage is not a ground to set aside interim order and parties cannot be allowed to take advantage to disobey the interim order of Court/Tribunal...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside ex-parte decree - Delay of 101 days - Condonation - Suit for partition - Petitioners in their affidavit stated about knee operation undergone by counsel, but said fact was not taken into consideration by Court below - Since it is suit for partition and substantial rights of..........
Civil Procedure Code, 1908, Order 32, Rule 3, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Petition filed by wife by pleading that husband become insane after marriage - Ex parte divorce decree passed without appointment of guardian of insane person - Ex parte divorce decree set aside having been passed against a person of unsound mind without following due..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte proceedings - Setting aside - Sufficient cause has to be established where ex parte decree is drawn - However, in case of ex parte proceedings, defendant has all right to join proceedings at any subsequent stage...........
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Ex parte order - Setting aside - Process server failed to observe mandatory requirement of O.5.R.17 CPC, before resorting to record refusal straightaway, without even, obtaining statement of witness to that effect - Even no affixation was done at door or on conspicuous..........
